Mumbai: In a ratty turn of events in a “high-stakes” narcotics trial, the prosecution’s ganja samples in the case against five alleged drug traffickers were literally “devoured by rats” while sitting in storage. By the time the trial reached its conclusion, the envelopes that once supposedly held smaller samples of the nearly 130kg of ganja that were seized were found empty. “It is noted in the course of the trial all the envelopes containing samples were empty. The superintendent of the court has placed on record a report stating that the samples of alleged contraband therein were probably gnawed by rats. All the envelopes were found empty,” Special Judge H M Bhosale noted at the end of the 38-page judgment that highlighted a comedy of errors, procedural shortcuts, and a total lack of credible evidence leading to the acquittal. While the bulk of the seized drugs had already been destroyed before the magistrate, these specific samples were meant for the trial. “However, there are small particles in the envelopes. Therefore, it would be just and proper to send all the envelopes, in which samples were drawn, to the Anti-Narcotic Cell to take steps for its disposal as provided under the provisions in Narcotic Drugs And Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules,” the judge concluded.The accused—Rajesh Jaiswal, Durgaprasad Yeddu, Mohammed Hanif Khan, Mohammed Nisar Shaikh, and Nijamuddin Shaikh—had been facing the prospect of years in jail following a 2021 raid by the Anti-Narcotic Cell (ANC) in Worli and the alleged seizure of 130kg of ganja.The prosecution’s case centred on a Jan 31, 2021 operation where the accused were allegedly intercepted in an SUV with heavy bags of contraband. However, the judge found despite the men demanding to be searched in the presence of a gazetted officer— a statutory right under NDPS Act—police ignored them. “This fact clearly establishes that despite specific demand by the accused, they were not produced before the nearest gazetted officer and their personal search was conducted...,” the judge noted. The judge observed the official letters claiming the men had waived this right appeared to be fabricated, stating, “All the letters indicating compliance of section 50 are manipulated documents.”The legal definition of the drug itself became a major hurdle for the state. Under the law, “ganja” specifically refers to the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by those tops. However, the police and chemical analysers failed to distinguish between these parts when weighing the “commercial quantity”.The judge pointed out the scientific negligence in the report, stating, “It is quite painful to note that the chemical analyser analysed leaves and seeds… and opined that said substance is ganja, when leaves and seeds when not accompanied by the tops are specifically excluded from the definition.”Further, the judge highlighted a massive delay in the inventory process, which took place two and a half years after the arrests. By the time the magistrate certified the evidence, the weight of the seized drugs had mysteriously dropped by more than 2kg. This discrepancy, combined with the fact that the samples drawn before the magistrate were never actually sent for laboratory testing, led the judge to conclude that the “primary evidence was not at all placed before the court”.The judge characterised the entire operation as a series of paper-only compliances. “The documents… are only prepared to show the compliance on paper,” he remarked, adding that the testimony of the senior officers was “not worth to rely upon”.
